davidaulloa/AmericanStories huggingface dataset:
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10
BY Frank ID. Hill & Co.,
Real Estate Auctioneers,
6 north Eleventh street.

~ RACE-STREET WEST-END IN
kT yFSTNENT AT AUCTION.-At tho ro-
quest OF tho owner, who Is nonresident, We
will sell ON
WEDNESDAY. 16, 1881,
ut AZ O'Clock p. NJ, on the premises. the VERf
DESIRABLE BRICK DWELLINGS Nos Ho.
MS ard 30 west Grace street northeast corner
Of Grace and laurel stroetsl. These dwellings
are well built and contain about eight rooms
each, with modern improvements. The corner
house is very desirable, having good brck
stable on the lot. All are now rented 10 nrst-
class tenants al paying rates, and the only rea-
son for the sale Is change OF investment, tne
owner being n nonresident Plat OF lots at
Office OF auctiOneer
This sale offers great inducements to capi-
talisis and others in want OF good property a.
an investment as rcNl estate IN this immediate
neiFhborhood IL in great demand Special IN
ducernents will be offered to purchasers.
TERMS: One fourth cash; balance ~ one,
two. and three years, interest added and Sc
cured by trust decd.
FRANK d. HILL & CO.,
NH 6.s,1O,l2,13l 1915 Auetionoers.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10
LOW PASSENGER RAILS

FREIGHT RATES As Low A.. yA OrI.q.
LINES
Special low freight contract, viii te ma,
upon application.
For information apply % JOHN rs. WNtre
Contracting Agent l20l Main street
r. g. COOKE
General Passenger and FrrIgft t,.,.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10
DEPARTTRE OF STEAMERS.
>~-oO0cC0cOO(Oo0o-0 r-000~0J-c~'@~~~--~~>- ~~
old DOMINION STEAM Il ~
" SHIP COMPANY. ~->ssa~S--<'
FOR NEW YORK.

Steamers leave Richmond EVERY TUESDAY
and FRIDAY at 3 Z. NJ, aud SUNDAY at high
Steamers leave New York for Richmond ria
Norfolk EVERY TUESDAY and SATURDAY
at 3 Z. NJ, and for Richmond direct EVERY
THURSDAY al 8 p. VI.
Passenger accommodations unsurpassed.
Cabin fare 10 New York ria James-riyer
route dncludng meals aud BERTH ......f 90
Round-trip tickets limited 70 thirty days
after date OF issue. ..................... IL 90
Storage, with subsistence .............." ~
Storage, without Subsistence. ........... ) %
Cabin fare ria Chesapeake and Ohio rail- -,
Cabin fare ria Richmond and Petersburg
Tickets can be obtained at A. W. Garbor's,
1900 Main street; Chesapeake and OHIO and
Richmond and Petersburg depots, and az COM
pany's Offices, 1901 Main street, and wharf,
Rockets.
Freights forwarded and through bills Of lading
Issued for points beyond New York.
Freight received daily until L. VI.
Manifest closed on sailing days one hour be-
Passengers can leave New York Thursday
and Saturday at z. VI. By the Newport News
steamer and arrive 40 Richmond by the Chesa-
peake aud Ohio train tho next day at b:l5 Z. VI.
Passengers leaving Richmond on MONDAYS,
TUESDAYS, WEDNESDAYS, THURSDAYS,
and SATURDAYS by the Chesapeake and ONO
railway tgid Newport News at s:3j a. NJ, and
by Richmond and Petersburg railroad same
days. at Il:20 \. NJ, will make connection al
NORFOLK with steamer leaving those days.
SAlLINGS THIS WEEK.
WYANOKE, Captain HuLPHERs. FRIDAY,
March lith. at , o'clock i. VI.
ROANOKE. Captain Couch, SUNDAY,
March 18Th, as O'Clock 4. VI.
OLD DOMINION. Captain SMITH, TUESDAY,
March 18Th. NJ O'Clock Z. NJ.
GEORGE w. ALLEN z CO. Agents,
No. 1901 Main street, and
CCmpauYis WhnTf ROckettA
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10

by NcOIBt II. lOlhuCAttl
and
FuEman Upper.
Real Estate Agents and Brokers.
COMMISSIONERS SALE OFTWO-
" STORY BRICK DWELLING No. 70S
NORTH FIRST STREET, TWO-SToEY BRICK
No. Is EAST JACKSON STREET, AND No. ZIG
WEST CLAY SfREET.-By virtue OF decree
Of the Chancery Court, entered ON the 2d day
Of February, 1885, in the cause OF Workman,
executor, Is. Pondeton's deyisees, the under
signed commissioners will sell by auction on
WEDNESDAY, MARcH 9rH,
at Az O'Clock l.. NJ, commencing with the
Clay street house, the above-described
DWELLINGS, fronting respectively % feet 8
inches, % feet inches, and q feot-al In
good repair, and hrst-rate renting property.
No better investments.
TERMS: One third cash balance as six and
twelve months, purchaser 10 execute his nego-
table notes for the deferred payments and
title retained till the whole OF the purchase
money is paid and Conveyance ordered ty
the Court. JAMES ALFRED JONES,
j. ASTON CABELL,
Commissioners.
GEORGE II. FoNDExTER, Auctioneer.
WoRTuAM's EXECUTOR, PLAINTIFF, AGAINST
PEgpLETONig DRvIsEEs, DEfENDASrS-lN THB
CHAEcRRY COURT or TIE CITY or RICHMOND.
!. BENJAMIN II. Berry, clerk Of said court,
certify that the bond required Of the special
commissioner by the decree in said cause Of
ed Of February, 1881. has been duly given.
Given under my hand this 81 day Of March,
1857. BENJAMIN II. BERRY, Clerk
POSTPONEMENT.
The above sale is postponed until
TODAY CrnURsDAYl
at the same hour.
JAMES ALFRED JONES,
j. ASTON CABEI.L.
NH 10 Commissioners
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10
INSTRUMENTATION ROUTE
~ SCHEDULE TAKING EFFECT
FEBRUARY ~. lNs,.

FEBRUARY 20, lNs,.
LEAVE giCnxONp:
SIS A. NJ. for Newport Now, on p.Irf ..-.
fort daily, and for N.rfs. ...e
except sunday. Pullman ...
cars 20 Old Point.
ii10 A. NJ. Through and local NAL p. ID
points Wo-L Sleeper. lr1
Forge % Huntington, ea..It so.
day.
$40 P. NJ. for Newport Now.. on p".t...I
Norfolk. except SUNDAY I.
pRrlor cars 81 Oll pu.ut
400 p. VI. GOrionaville Accommoil' ID.
cept sunday.
6:25 7. VI. for Louisville. Cincinnati. l. q.
90, ST. Loui', Menrhi- ari Sc
Orleans - Fast kKlr- rl
through Pullmans daI. i1
route running Pg.lmals N-.
from Richmond.
ABRiyE n RICHvoNrs
$40 A. VI. GordOusyille AcrOrlmoia'. r
ll:05 A. NJ. from Norfolk. ola Point 90. y r
port News. except sunday
man parlOr ear.
3:05 p. ". from local points and tho .,. ~.
cept Sunday.
$40 p. N. from Old Point Newport N.s'
dailv, and from Norfolk lt.F. ..
cept sundays. Pu.lm1u i...
carr.
$50 i. ". from Louisville and t.nr.lf 80
Fast kXpress-dnilY.
DEPOT Seventeenth and BrCai strertt
Tickets al 1900 Main street and no thr Dope
u. ". FULLER
General pa--one.r Ae...
WILLIAMS {. WlCEHAG, Second We. ra...
dent f'.-
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10

DESIRABLE FRAME DWELLING
~ SOUTHEAST CORNER LAUREL AND
CUMBERLAND STREETS FOR SALE AT AUG
TlON. win be sold atauction, on tho premises,
on
WEDNESDAY, MARCH i6, 1887,
nj "a T. NJ. that VALUABLE DWELLING. To-
Gated as above described, owned and occupied
by Mr.. j. P. Gaines containing six rooms.
The lot fronts 30 feet and runs back li5 feet
to a 20-foOt alley, and Is ono of the handsomest
in this rapidly -improying locality, being only
two blocks distant from Monroe Park. "A
An opportunity Is here given for aumvest-
ment that will pay az once and rapidly increase
in yalae
TERMS: One third cash; balance in six,
twelve aud eighteen months, for negotiable
notes, interest added, and secured by deed Of
trust. JOHN L. GRUBbS.
nah 10 AuctiOneer.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10

POSTPONEMENT.
The above sale is postponed, In consequence
Of the rain. until
FRIDAY THE 11TB INSTANT
az 3 O'Clock p. NJ. JAMES B. ELAN,
mhIO Auctoneer.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10
ARRIVE RICHMOND
t:3 i. ". MAIL daily ,oKceui sgs

ARRIVE RICHMOND
W T. VI. NAIL daily ioKceut surt,.
e25 A. NJ. ACCOMMODA ION dsII"
sunday. 'tfi
7:,0A. NJ. NIGHT BxPRgSS dau,
Monday. 'tfN
CONNECTIONS.
AZ Clifton Forge with CheSauea..
railway for the South, West. ami Ns,tt 10
At Lynchburg with N0Es0lk AMI We.,-
road for all points South Southeas, ,-, ii'.
points North and south 'f A.
At Richmond with Associated Rar,...
all points In the South, and Rlrhn0,f r. -
ricksburg and Potomac railroad fryt =.
Al Lexington with Baltimore ana O,.
road, making close connections m u.
Ferry 10 and from Pittsburgh ani d..
also 10 points North and Fast 'r,
aeepng-oar attached 70 Sl-if g,.,..
IynchbVTG. '"
Trains marked daily 'oXcep, Sun4,o
Tickets sold 20 al p0ints or ros. ~.
Main street, 1000 Main, AMI ~ R.etn...t
Allegheny depot, Eighth and Canal .,,..,' -
JOHN T. NACMTRUC
General Passenger and 49,.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10
AUCTION SALEs-This Day.

sNTV|g"FvrVl7VlT|VI
ByJ Thompson Brown & Co..
Real Estate Agents and Auctioneers,
1l13 Main street.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10
scnEDuLEN EgFEcr Noymmre,.,

Going NORTH, leave R.-hmort r.,....
wharf. At 9 A. ". on TUESDAYS. TIIlr>.t,.f
and SATURDAYS. arriving at tarr ,..-
p. "; Philadelphia. j:2O A. w.. SOY 49,.
A. VI.
Leave New YORK rir Pennsylvania e, .-..
every SUNDAY, TUESDAY. ana TVF...,g
ats +. NJ; Philadelphia az lillI V l.
Pennsylvania railroad, Brca1--'r..t ..,,
Arrive Cape Charles $50 g. ~: l.a.. .,..
Charles by steamer, arriving az Kclm..f.,.
Pm.
PULLMAN PALACECARS
run between New YORK and Philadelphia ia,
Cape Charles.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10
Leave Arrive
No. Richmond. Petersburg.
TRAINs NORTHWARp.
.nailr- tnnIlr ls1cept sunasy.l

'Dsily. tDaily except sunday
STOPPING-PIACES
Nos. "a and 81 male DO stCps. Nos y, - ~
and ~ stop only on signal 40 MRnche.ief. II,
trslis, ond Chester. Nos. II. 3, -. 81, 20 49,
30 will stop nj all stations tor passenger
PUILMAS-CAR SERVICE
On Train No. "a sleeplne-cafs ~
Washington and jacksonville. GA inai'-
IS and 70 sioeping-car5 between va
ton aud 1homasvilie. Ga On
Nos. q and % sleepins-,ars between -
ington aud Charleston. On Train NJ. ~
lng-car between Tampa. Fla. and N.,l' Z.
ington (rfc jacksonville ON Tram -
sleeping-car between Jacksonville AMI
YORK. On Trains Nos y end ~ sleoptS-',..
between New YORK and Aiken, :. c. lgia pa.
toni On Train No. q sleepinr-car tc.a'',,.,
New York anc Tampa. Fla. ssaa jackfoh','''''
THE ONLY ALL-RAIL LINE TO NORf"DH'
LEAVE. ARRfys.
Richmond. .siI:25 A. N. Norfolk. ....5 " Z. 49,
Richmond, 1870 4. N. Norfolk. ...ilN u a.
Nortolk. 80. go A. NJ. Richmond. .l;R u A.
Norfolk 1850 =. NJ. Richmond. w % -
These trains also mako close oonnee.O. -.
and from farmyille, Lynchbnrs, ana 49,.
western points. aud all stations on 10y
and Western railroad. j. X No.,
superintendent q Transport
7. NJ. EMERSON, General Passenger As.u,
SOL. HAAS. Tranic Manager w.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10
COMMISSIONERS SALE

" OF
FIVE MODERN sToCK-BRICK -TWo-sToRY
DWELLINGS, on SOUTH LINE OF
MARSHALL BETWEEN
EIGHTEENTH AND NINETEENTH STREETS.
ONE IS A COkNEE DWELLING. II
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10
NEW YORK, PHILADELpgI

~ AND
NORFOLK RAILROAD COMPANY
PASSENGER AND FAST FREIGHT r,.,
BETWEEN
NEW YORK, PHILADELPHIA AMI r,.,
MOND.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10
MAILHOAD LIHrs
~ Ill w. rl-1SSS -;
RICHMOND AND ALI.pG,,
u RAILROAD H'nANl
"ohEDULE OF TRAINS IN yyvv,-
ruo n.,, JANUARY ., M ''fhoF
'"o DAILY TRAINS EXCEPT g.v,.
x BETWEEN "'HDAU
klCHMOND AND LYNcUnry,.

T UTUUKn Ar"Df0 -
Mail. .mo,i.,,l- Niglf
mo. 1. no p LIpfos4
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-10
A TLANTIC COAST LINE.

RICHMOND AND PETERSBURG RAlLR1AD
TIMETABLE
Commencing MONDAY. December y. iN'
trains on this road will run a. follow
TRAINS SOUTHWARK.
Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1887-08-06
Give Them A Chance.

That is to say, your lungs. Also all your
breathing machinery. Very wonderful ma,
chinery ii is Not only the larger air passages
but the thousands of little tubes and cavities
leading from them.
When these are clogged and choked with
matter which ought not to be there, your
lungs cannot half do their work. And what
they do, they cannot do we'll.
Call it cold, cough, Group, pneumonia,
catarrh, consumption or any Of the family OF
throat and nose and head and lung obstruc
tons, all are bad. All ought TO be got rid
of. There is just one way to get rid of them
That is to take Boschee' German Syrup,
which any druggist will sell you at rs cents
bottle. Even if every else has failed you,
you may depend upon this for certain.
Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1887-08-06
$50 Reward.
still there

Sheriff Ulrck, of Carson, will pay the
above reward for the ar rest and detention Of
one Charles Baker, an ex-convict from the
Nevada State Prison, who, it is alleged,
about the first of July stole one small bay
mare and one ANAL gray mare, also one red
square vaquero saddle and one calf. skin bri-
die with COW bit and lariat, from Incline,
Lake Tahoe. His description is as follows:
Height feet S24 inches, weight I65 pounds,
complexion light, eyes hazel, hair light brown
and size Of foot No. Q, uses tobacco and
drinks moderately. has number Of brown
moles on neck and shoulders, top of right
thumb bit off, felon on little finger of right
hand, index finger OF left hand off at first
joint, scar on right breast below nipple, mole
on right hip, scar on right knee cap, brown
mole on top of left shoulder, pit scar on out
side Of left hip, number Of scars on left knee,
age about IS years, occupation teamster.
From the above it is evident that Mr. Baker,
has been run through thrashing machine or
come in contact with grizzly bear sometime
during his life; or who knows but he may at
some time have had ambition to become a
bicycle performer.
Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1887-08-06

No invention Of the nineteenth century ha
worked a greater revolution in household
economy or conferred more of benefit or
humanity than the sewing machine.
The first productions were crude and un
couth in the extreme, and it was reserved fo
American skill and ingenuity to bring forth
a machine of any practical value.
In order to appreciate the great advance
ment which has taken place it is only nee
essary to compare one of the machines BULL
during the infancy of the invention with one
of the latest improved "Light, Running New
Home"
All the really good points contained in
other machines have been utilized in its con
struction. Many new Improvements and de
vices have also been added, the result oil
which is machine as nearly perfect as it is
possible to make one.
For simplicity, durability, ease of man.
agement and capacity for work, the "Light.
Running New Home" has no rival, and the
happy possessor of one may rest assured that
he or she has the very best the world affords.
See advertisement on another page of this
paper,
Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1887-08-06
A Large Reward.

Sheriff Brann this week received notice OF
a reward for man named William !. Nc
Carlyle, ex Chief Of Police and ex-Warden
of Cook county hospital, Chicago, Illinois.
The reward fer McGarig les return is 81, 500
He escaped from the penitentiary July 23d,
1857, at 1880 P. NJ, while under conviction
for three years term. Following is his de.
scription: He is SO years of age, but looks
much older; FIVE feet ten and a half inches
in height; medium build, inclined to be thin;
dark gray or hazel eyes, deep set; dark hair
slightly mixed with gray, bald on top and
front of head; dark, horseshoe shaped mus
tache slightly mixed with gray, heavy and
long; high, thin nose, very slightly Roman;
cheek bones prominent; figure fairly erect,
but carries his head slightly forward hands,
long. thin, bony; movements stealthy and
cat like rather than quick; voice low; man.
ners insinuating.
Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1887-08-06

In summing up the result of the Moore
trial at Reno, the Virginia Report says: The
entire family Of L. J. Moore is tough. He
lived with the person who is now his wife
several years before marriage, and had sew
eral children by her before the nuptials. The
girls on arriving at IL and 10 years of age
were considered and treated by the head OF
the family as anything but his flesh and blood
and unnameable remedies were not unknown
to any of them. He brutalized over the
whole family and finally went too far. Then
the tough brood for two years held the fact
of the killing of the eldest as sort OF black
mailing whip over the old man. They cared
but little about the death of the sister-so
long as they got money from him. Finally
he would stand no more bleeding, but took
counsel, stool trial, and was acquitted.
Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1887-08-06
Lyon Loses by 1t.

At the last session of the Legislature a
law was passed authorizing the Surveyor
General to make survey of the Central Pa
chc railroad for the purpose of finding out
the number OF miles of road in Washoe,
Humboldt, Churchill and Lyon counties.
Surveyor General Preble has made the sur.
vey and according to it Lyon county contains
1880 miles of main track and 81 miles OF
side track. BY this Lyon county loses about
a mile of track. Before Lyon had I2.25
miles of the c. P track.
Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1887-08-06
Tie survey Begun.
We concur:

Mr.. H. H. Bence started this week Wed
nesday to survey and ub-divide certain in
complete townships of government land,
amounting to II townships, for the survey
Of which he has the contract. The amount
of work involves the running and making of
some $50 linear miles. The country in
which he has to operate, we are told, lies
north of the Carson river, beginning about
six miles below Dayton and running east SO
miles, thence north taking in blocks Of town
ships west of the Carson Sink, striking the
Central Pacific Railroad about six miles west
of Humboldt Lake. Mr.. Bence's source of
supplies or headquarters will be first at
Dayton; second at Marshland, and after
working sufficient distance north at Desert
Station on the Central Pacific Railroad or at
Wadsworth, Hot Springs Station or some
other station which is most convenient for
this purpose. The assistants at present en-
ployed in this expedition are Floyd Alexan-
der, AL. Ferris, George Balford, Mr.. Hof,
Masters Eugene Hayden and Percy Elstner,
whose postoffice address will be at Dayton
until further notice.
Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1887-08-06
Esmeral6a Items.

The following items Of interest are taken
from the Walker Lake Bulletin of last Wed
nesday:
The Mount Diablo shipped ten bars yes
terday valued at $4,000.
The Kinkead mill commenced crushing
Pamlico rock yesterday.
The Con. Esmeralda Company is putting
to work, all the men who come.
Archie Harrington has been at Sweetwater
looking at the Kentuck mine.
Five bars Of bullion from the Georgene
valued at $4,000 were shipped last Saturday.
Oh aries Snyde. has taken up large tract
Of land at the head of Cottonwood for a
cattle range.
There is good body Of ore in the Silver
Lining and the mine is improving as prospect
work advances.
The work Of sinking the Lent shaft 400
feet deeper will begin as soon as the cable
and timber for the pump rod arrive.
Earl and Co. have placed another big
team on the road to accommodate the in
creasing Bodie and Aurora business. Dan
McGilvery is engineer.
bar OF bullion valued at $4,000 came
down last Friday from the Silver Hill mill
which is crushing ore from the Antelope
mine. The mine is now looking very we'll.
The Monte Cristo mill is crushing from
forty to fifty tons, daily. There has as yet
been no clean up, but the plates look very
we'll and the tailings are almost absolutely
barren. No doubt now is entertained as to
the success Of the company.
Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1887-08-06
COUNTY COMMISSIONERS L.
Regular MeetiBg-Business Tran
sacted.


The Board of County Commissioners held
its regular monthly meeting last Monday,
present full Board, District Attorney Keith
nd w. J. Harris, Clerk.
The minutes of previous meeting were
read and approved.
The list Of bills examined and allowed
will be found under "new to-day"
1t was ordered that the sum of 1916. II be
transferred from the General Fund to the or
ficers Salary Fund
The petition for road to run to school
house in Smiths Valley was granted, it ap.
pearing to the satisfaction Of the Board that
the road was needed and the petition was
properly made and sighed by over three.
fourths Of the taxpayers of that district. L.
C. Hobart was appointed on the part of the
county to act as road viewer and appraiser,
and all interested to meet at IL o'clock or
the goth at Burbank's.
I. A. Huntoon, in the sum Of 81, 900; T
R. Hawkins, in the sum of $500; Luthe
in the sum of 81 900; A. w. Brann. in thu
sum of $1,000; H J. CARING, IN the sum O
$1,000; George Midgley, in the sum of $500
were ordered to file additional bonds in TIL
place of J. r. Beale who has become resi-
dent Of another county. Said parties wer'
given until next meeting to file said bonds
An order was made that Commissions
Shaw be authorized to have the Court room
doors Of the Court House fixed to open out
wardly in compliance with an &C, passed a
the last session of the Legislature.
No action was taken in regard to the re
versal Of the decision in the case Of G. p
Randall vs.. Lyon county.
There being no further business to trans
act the Board adjourned to meet on the ST.
of September, 1887.
Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1887-08-06
Supreme Court Decision.

Following is the decision of the Supreme
Court in the case of &. P. Randall VS.. Lyon !
County. 1t will be remembered that this is
the case whefin Randall as Sheriff Of the
county sued the county for salary as jaior,
and fixed his services at SIS per month. The
Commissioners passed an order allowing
81 per day during the time he had any pris
oners in charge. The $I2o spoken of is the
a prisoner from San Francisco, which it was
claimed he was not entitled to, and which
the Com mssioners tried to recover by putting
it in as a partial offset to the amount Ran.
dali sued for.
BY HAwLEY, j.
Ist-This cause was tried and determin ned
upon the theory that the County Commits.
soners have the right to declare that the
compensation of jailor shall be fixed per
diem and confined to the times when prs
or,rs are confined to the county Jail. The
statute prescrbes different method Of de-
terminining this question.
The Sheriff Of Lyon county was authorized
by law to employ jailet for whose acts he is
made responsible, (Gen. Stat. 2I3o) and it
is made the duty of the County Commission
ers to allow :" ID" fair and adequate month.
| ly compensation for the services of all Jail
ers by the Sheriff employed or appointed
Gen. Stat. 2I4o.)
The Commissioners having rejected the
claim presented for the services of the jailer
and refused to make any allowance thereon,
termine from the evidence introduced by the
respective parties, what was ga fair and ad
equate monthly compensation" for the ser
vices performed by the jaier employed by
the Sheriff.
| z-Respondent is not entitled to the offset
allowed by the Court
With full knowledge of the facts and
without any fraud or mistake the Commits
sioners, prior to the presentation of the claim
for the services of jailer, allowed claim
of $I2o.4o for services rendered by the plain
tiff in arresting prisoner that had escaped
from the Lyon county jail and fed to Cali
ornia. This was voluntary payment Of
money for services actually performed The
rule is we'll settled that money voluntarily
paid, with full knowledge of all the facts,
although no obligation to make such pay
ment existed, cannot be recovered back.
3.-We are of opinion that in actions of
this character the plaintiff is entitled to costs,
notwithstanding the fact that the amount re-
covered is less than $500 90 provided the
amount recovered is more than the Commits.
sioners allowed.
Gen. Stat. I964)
The judgement of the District Court is re-
versed and cause remanded for a new trial.
HAwKEY, J.
| We concur: BELKNAP,
LEONARD, c. J.